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Perspective - Publication

Play nicely, children

Published on 17 Jun 2015.

Litigation is, by its very nature, an adversarial process. But as the court has made clear in the case of Simon Gotch & Susan Linda Gotch v Enelco Limited1, litigants should also co-operate, to ensure the swift and cost-effective resolution of their disputes.

Perspective - Blog

Forfeiture ... that's a relief

Published on 17 Jun 2015.

A landlord's right to forfeit for breach of covenant by the tenant is a useful remedy commonly found in leases.

Perspective - Publication

Getting to Level 2

Published on 03 Jun 2015.

What insurers should look out for in BIM project management

Perspective - Publication

Beyond night and day: The importance of causation

Published on 27 May 2015.

In order to succeed in a claim for professional negligence, a claimant must establish that the professional owed him a relevant duty of care, that they breached that duty and that the breach caused the loss he seeks to recover.

Perspective - Blog

Legal Lasers

Published on 12 Sep 2014.

Building Information Modelling (BIM) is quickly becoming recognised as the future of design, construction and facilities management for new build projects. But what about existing buildings?

Perspective - Blog

Let's talk about VAT – a useful reminder

Published on 14 Aug 2014. By Ben Roberts, Partner

A recent Court of Appeal decision (CLP Holding Co Ltd v Singh and Kaur[1]) serves as a reminder to consider VAT during sale negotiations, and ensure that VAT wording in contracts is sufficiently clear.

Perspective - Blog

Be careful what you dig for

Published on 20 Jun 2014.

Beginning a project in an area of archaeological interest can be an historical minefield for both developers and contractors.

Perspective - Blog

Right time for UK REITs

Published on 22 Apr 2014.

Real Estate Investment Trusts ("REITs") are listed companies that invest in physical property, typically commercial real estate.

Perspective - Blog

Right time for UK REITs

Published on 22 Apr 2014.

What are REITs? Real Estate Investment Trusts ("REITs") are listed companies that invest in physical property, typically commercial real estate.

Perspective - Blog

The New Draft ICC Conditions

Published on 16 Apr 2014.

A new and updated version of the Infrastructure Conditions of Contract (ICC Conditions) was issued in consultative draft form for comment in March 2014 by the ICC Development Forum.

Perspective - Blog

The New Draft ICC Conditions

Published on 16 Apr 2014.

A new and updated version of the Infrastructure Conditions of Contract (ICC Conditions) was issued in consultative draft form for comment in March 2014 by the ICC Development Forum.

Perspective - Blog

Budget 2014 - update

Published on 24 Mar 2014. By Ben Roberts, Partner

Last week's Budget announcements were light on the property tax front.

Perspective - Blog

Freedom of information: access denied by ministerial veto

Published on 04 Feb 2014.

Not since September 2012 when the Attorney General exercised powers under section 53(2) of the Freedom of Information Act 2000 (FOIA) blocking the release of correspondence between Prince Charles and seven government departments has there been a matter likely to attract attention to the use of the ministerial veto.

Perspective - Blog

2014 – Another Year of Planning Reform

Published on 03 Feb 2014.

The past few years have seen a raft of changes to planning regime and 2014 seems set to continue with that trend. The matters below highlight some of the changes on the horizon.

Perspective - Blog

Too close for comfort – LPAs fail on the duty to co-operate

Published on 14 Jan 2014.

You would have thought that by now, after nearly 2 years since the Localism Act and National Planning Policy Framework have been in place, that local planning authorities would have got their act together.

Perspective - Blog

Adjudication - "Pay first, argue (now up to twice as much) later"

Published on 07 Jan 2014.

The recent Court of Appeal decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 clarifies that a limitation term is implied into every construction contract under the Construction Act 1996, where no express term exists.

Perspective - Blog

Want to Control the Future?

Published on 10 Dec 2013.

A seller commonly wishes to restrict the buyer's use of land after the sale – sometimes forever and sometimes only for a limited period.

Perspective - Blog

A Damp Squibb

Published on 25 Nov 2013.

The recent case of Squibb Group Ltd v (1) London Pleasure Gardens (2) London Borough of Newham [2013] EWHC 3275 (TCC) demonstrates that contractors cannot rely on funders to pay outstanding fees where an employer runs into financial difficulty.

Perspective - Blog

It shouldn't be a hard sell. Getting your head around the known knowns and the known unknowns

Published on 06 Nov 2013.

Although Don Rumsfeld wasn’t talking about the sale of property when he talked about knowns, he makes an important point about knowledge. Picture the scene.

Perspective - Blog

Pledging to use Alternative Dispute Resolution ("ADR")

Published on 30 Oct 2013.

On November 12th, signatories of The International Institute for Conflict Prevention & Resolution (CPR)'s new 21st Century Pledge will be announced.

Perspective - Blog

Is sunlight a nuisance?

Published on 08 Oct 2013. By Jonathan Carrington, Senior Associate

Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.

Perspective - Blog

Procurement Policy Note on EU Directives

Published on 23 Aug 2013.

The Cabinet Office has issued a Procurement Policy Note (“PPN”) which summarises the main outcomes of the new EU Directives relating to public procurement, utilities procurement and service concessions. The PPN also outlines the next steps in finalising and implementing the Directives.

Perspective - Blog

HELP TO BUY: BOOM OR BUST?

Published on 22 Aug 2013.

The Help to Buy initiative forms part of the Government's Funding for Lending scheme.

Perspective - Blog

SDLT group relief anti-avoidance – good news from HMRC

Published on 14 Aug 2013. By Ben Roberts, Partner

Last week saw some (much needed) good news on the topic of SDLT avoidance, that should clarify HMRC's approach to the common commercial practice of transferring a property intra-group, following the acquisition of a property-owning company (PropCo).

Perspective - Blog

SDLT avoidance - HMRC victorious regardless of taxpayer 'motive'

Published on 26 Jul 2013. By Ben Roberts, Partner

HMRC has scored a resounding victory in the first case[1] to consider in any detail the wide-ranging SDLT anti-avoidance provision (section 75A of Finance Act 2003).

Perspective - Blog

Insurers as lenders: what borrowers need to know

Published on 12 Jul 2013.

Insurers are the new show in town The make-up of providers of debt secured against UK real estate has changed dramatically.

Perspective - Blog

When the levee breaks

Published on 20 Jun 2013.

Whilst the stalled talks between ABI and Government have recently re-started, in less than 8 weeks a substantial number of properties may suffer significant loss of capital value if their owners are no longer be able to obtain flood risk insurance.

Perspective - Blog

Growth and Infrastructure Act 2013

Published on 05 Jun 2013.

The Growth and Infrastructure Act 2013 (the Act) was given Royal Assent on 25 April 2013.

Perspective - Blog

Outsourcing Health & Safety – a step too far?

Published on 22 May 2013.

Michael Scott & Danielle Lodge question the wisdom of outsourcing health and safety responsibilities

Perspective - Blog

Adjudicator's Fees

Published on 20 May 2013.

The Court of Appeal has confirmed that an Adjudicator is not entitled to any of his fees in circumstances where his decision is unenforceable.

Perspective - Blog

Property Rental Business Transfers and Leases – Reclaiming VAT and SDLT

Published on 17 Apr 2013. By Ben Roberts, Partner

Last November, following the decision in the case of Robinson Family Limited, HMRC announced that a transfer of a property rental business can qualify as a "transfer of a going concern" (TOGC) – and therefore not attract VAT – even if the transferor retains a reversionary interest in the property.

Perspective - Blog

Court of Appeal's opinion on good faith clauses

Published on 11 Apr 2013.

In our February blog we reported on Compass Group UK and Ireland Ltd (trading as Medirest) v Mid Essex Hospital Services NHS Trust [2012] EWHC 781 (QB) and the implications of the decision on the duty to act in good faith.

Perspective - Blog

Costs overruns in Target Costs contracts

Published on 22 Mar 2013.

Who is liable for costs overruns in a Target Cost contract, and to what extent? AMEC Group recently went to the TCC to appeal against an arbitration decision which found the Secretary of State for Defence ("the Authority") would only be liable for actual costs which were reasonably and properly incurred.

Perspective - Blog

NPPF – 1 year on: smooth transition or wasted opportunity?

Published on 21 Mar 2013.

Given that over 50% of Britain's local councils are still to adopt Local Plans, is the window of opportunity for local residents to take control of development in their local area about to close?

Perspective - Blog

New Kids on the Block : alternative funders in the real estate lending market

Published on 15 Mar 2013.

Over the last couple of years, there has been a surge in real estate lending by non-bank lenders as traditional banks started withdrawing from the market.

Perspective - Blog

What are the potential risks associated with BIM?

Published on 14 Mar 2013.

This is the second of three blogs about Building Information Models, or BIM. This blog will consider the potential risks associated with BIM, but don't worry we provide some practical advice on how these risks can be tackled in our final BIM blog.

Perspective - Blog

Good Faith Clauses

Published on 26 Feb 2013.

There is no general doctrine of good faith in English law and it is not therefore implied into contracts.

Perspective - Blog

Rights to Light Reform: Law Commission Consultation

Published on 20 Feb 2013.

On 18 February 2013 the Law Commission announced that it was beginning a consultation process regarding possible changes to the law governing "rights to light".

Perspective - Blog

JCT Insurance Options: what's the right fit for fit-out?

Published on 18 Feb 2013.

Where a tenant is fitting out premises within a multi-occupied building, the JCT's standard insurance options are not always appropriate and, left unaddressed, place unintended and severe risks on the tenant.

Perspective - Blog

Government property, Kirstie and Phil style?

Published on 01 Feb 2013.

Ok, so Ms Allsopp and Mr Spencer haven’t quite been called in yet, but almost.

Perspective - Blog

The End of the British High Street?

Published on 31 Jan 2013.

2012 was a hard year for the retail sector but 2013 is shaping up to be an even tougher year for High Streets in the UK.

Perspective - Blog

Is the Green Deal a great deal?

Published on 29 Jan 2013.

There is no denying the Green Deal has many advantages but consider the deal in relation to short term leases and it may not be as great as it initially seems.

Perspective - Blog

NEC3 Engineering and Construction Contract "Guidance Notes": more important than you realise for interpreting the ECC

Published on 18 Jan 2013.

Certain terms of the NEC3 Engineering and Construction Contract ('ECC') are open to interpretation, and the recent case of E-Nik Ltd v Department for Communities & Local Government [2012] EWHC 3027 (Comm) has cast into doubt whether even something as routine as VAT is crystal-clear under the ECC.

Perspective - Blog

Development incentives – but at what cost?

Published on 14 Jan 2013.

In light of what is starting to appear to be a wholehearted failure to persuade local communities to meet requisite housing targets, Nick Boles last week proposed self-proclaimed "bungs" to local communities.

Perspective - Blog

Will Planning Performance perform?

Published on 13 Dec 2012.

On 22 November 2012, the Department for Communities and Local Government (DCLG) published a consultation entitled 'Planning performance and the planning guarantee' setting out, amongst other things, how the Growth and Infrastructure Bill's proposals to enable planning applications to be made directly to the Planning Inspectorate (PINS) would operate.

Perspective - Blog

Leaving customers without signal: the task of re-building the Telecoms Code

Published on 05 Dec 2012.

Now almost 30 years old, the Electronic Communications Code (the 'Code'), falls far short of representing the needs of a swiftly developing communications network.

Perspective - Blog

H&M: Brave New World?

Published on 27 Nov 2012.

We have all been involved in lease negotiations where there are differences of opinion as to what is or is not institutionally acceptable.

Perspective - Blog

End of the line for Village Greens?

Published on 14 Nov 2012.

Nothing can be more frustrating for a developer to see its scheme delayed or worse still derailed by an application for the registration of land as a town or village green ("TVG").

Perspective - Blog

Rights of Light

Published on 23 Oct 2012.

Rights of light are an easement and are commonly acquired simply by a neighbour having enjoyed the light over a neighbouring building owner’s land for a period of 20 years without interruption.

Profile

Rebecca Phipps

Associate